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biby777 · Jan 30, 2009, 06:38 PM

On August 2008 I received a citation to go to court from a Company that had purchased a credit card debt I had. The following day , I went to a lawyer's office to file bankruptcy, as I had some debts that could not longer pay. He told me that with the filing of bankruptcy that suit would stop, and was not necessary for me to show on court. My bankruptcy case was actually filed on October. This week I received a Default Judgement letter from the judge, because I did not show up in court when I had to. The letter has a stamp saying it was received on September 26, but it is actaually signed on the 26th of this month.

The same day I received the letter, I called my lawyer asking him about the status of the suit and the judgement I had received. He told me that my bankruptcy case had been filed and that the Creditor that was sueing me had been notified. He told me that sometines they misplace the papers, or they really don't know what the real situation is. That I should give no attention to the letter, as Bankruptcy discharges my debts.

Is this information correct?? Should I leave aside?? I had been searching in the internet about default judgements, and almost all articles say that with a judgement creditors can take money from your wages or bank accounts.

If someone could advice me... I really appreciate it.

ScottGem · Jan 30, 2009, 06:46 PM

Have your attorney send a copy of the bankruptcy filing to the court that issued the judgement.

biby777 · Jan 30, 2009, 06:54 PM

Thank you for your answer. That would be the first thing I do on Monday morning.

JudyKayTee · Jan 30, 2009, 08:47 PM

Originally Posted by biby777

On August 2008 I received a citation to go to court from a Company that had purchased a credit card debt I had. The following day , I went to a lawyer's office to file bankruptcy, as I had some debts that could not longer pay. He told me that with the filing of bankruptcy that suit would stop, and was not necessary for me to show on court. My bankruptcy case was actually filed on October. This week I received a Default Judgement letter from the judge, because I did not show up in court when I had to. The letter has a stamp saying it was received on September 26, but it is actaually signed on the 26th of this month.

The same day I received the letter, I called my lawyer asking him about the status of the suit and the judgement I had received. He told me that my bankruptcy case had been filed and that the Creditor that was sueing me had been notified. He told me that sometines they misplace the papers, or they really dont know what the real situation is. That I should give no attention to the letter, as Bankruptcy discharges my debts.

Is this information correct??? Should I leave aside??? I had been searching in the internet about default judgements, and almost all articles say that with a judgement creditors can take money from your wages or bank accounts.

If someone could advice me....I really appreciate it.

This isn't an uncommon situation. If you have proof of the filing, send it to the creditor. If you don't, have your Attorney send it. That's what you're paying him for - to handle all matters involved in your Bankruptcy.